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Momodou
Denmark
11634 Posts |
 Posted - 02 Oct 2013 : 13:28:39
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UDP Treasurer, three others in NIA custody over ‘fake asylum deal’
By Baboucarr Senghore
The Point: Published on Wednesday, October 02, 2013
Four persons including the National Treasurer of the opposition United Democratic Party, UDP, have been arrested and are currently in custody at the headquarters of the National Intelligence Agency in Banjul over what the NIA described as a failed attempt to help a young man seek political asylum in Finland.
Amadou Sanneh, former Accountant General, who is the National Treasurer of the UDP, Bakary Baldeh, a commissioner of oaths, and one Alagie Sambou Fatty were arrested by the NIA based on the allegation that they wrote an attestation for one Malang Fatty, also arrested, using a UDP letterhead in order for him to seek asylum in Finland.
At a briefing held at the NIA headquarters yesterday, intelligence officers showed journalists a document said to be an attestation purportedly written on a UDP letterhead and signed by Amadou Sanneh and stamped by Bakary Baldeh, commissioner of oaths, for Malang Fatty to seek political asylum.............
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ASYLUM SCAM PUTS CREDIBILITY OF UDP ON THE LINE
Daily Observer: Published on Wednesday, October 02, 2013
Gambian intelligence operatives have busted another huge political asylum scam in the country, involving a senior executive member of the main opposition party – the United Democratic Party (UDP) and three others, apparently putting the image of that political party in what many referred to as in “shambles”.......
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A clear conscience fears no accusation - proverb from Sierra Leone |
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kobo
United Kingdom
7765 Posts |
Posted - 05 Oct 2013 : 09:06:39
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AM TRYING TO MAKE CERTAIN STATEMENTS VERY CLEAR OBSERVED IN THIS QUOTE EXTRACTED FROM DAILY OBSERVER NEWS Wednesday, October 02, 2013;
quote:
Past incidents
"This latest scam came hard on the heels of several others executed by other Gambians in recent times. Apart from the ongoing case of the deputy editor-in-chief of the Daily Observer Newspaper, who is currently facing five count charges at the Special Criminal Court, for having allegedly prepared an asylum attestation on behalf of one Major Lamin Touray, a ghost name supposed to be a member of The Gambia Armed Forces, intelligence officers have also brought to the fore three other cases.
“Another written document of the same was from one Fabakary Ceesay of Foroyaa Newspaper, who is on the run, on behalf of one Lamin Touray; as well as UDP’s Shyngle Nyassi, who prepared it on behalf of one Binta Sanneh, who is currently based in Germany,” the officer informed."
1. NOTED FROM BANTABA ARCHIVED GAMBIAN POLITICS TOPIC FOR PAST INCIDENT(S) 2011 SAGA NOT INCLUDED;
2. NOTED ABOVE ON: "Another written document of the same was from one Fabakary Ceesay of Foroyaa Newspaper, who is on the run, on behalf of one Lamin Touray"
- We may recalled that Fabakary Ceesay was a freelance journalist on business contract with Foroyaa but who resigned from Foroyaa in January 2012 and was never associated with any PDOIS attestation saga.
- Again we may recalled that Fabakary Ceesay occupied Vice Presidency of Gambia Press Union (GPU), who had access to documentation (especially GPU Letter Head and stamps) and can use GPU Letter head for any attempt to validate an attestation that may be required to seek refuge? According to revelation as read from Daily Observer news above it is alleging that Fabakary Ceesay on the run provided or prepared a "written document of the same" for on behalf of one Lamin Touray; which cannot be associated with Foroayaa or PDOIS! In fact PDOIS set the records straight when one of Foroyaa's best reporters Yaya Dampha (Kibaaro online news Editor presently in Sweden) requested attestation from them it was not approved as it has serious implications and they cannot compromise discrediting the party; which made Yaya Dampha very angry and now despise them!
3. RELATED GAINAKO NEWS;
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Edited by - kobo on 05 Oct 2013 09:54:07 |
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kobo
United Kingdom
7765 Posts |
Posted - 05 Oct 2013 : 10:16:34
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FORWARDING OTHER REPORTS AS UPDATES BUT NOTE THAT THE KIBAARO NEWS VARIES WITH THE POINT AND OBSERVER NEWS;
1. Breaking News: Key UDP Executive Member Arrested
Kibaaro online News: Posted on Wednesday, October 02, 2013
The arrest and detention of an executive member of the main United Democratic Party (UDP) clearly spells out the beginning of yet another desperate propaganda tactics by the Gambia government.
Amadou Sanneh remains in security custody since last Wednesday. Sanneh’s arrest was aired on the state broadcaster’s ten o’clock news, with GRTS reporter accusing him and co of planning to tarnish “the image of our cherished motherland”.
The plot to parade Mr Sanneh and other accused individuals on national TV is geared towards fighting back at Gambian activists who have recently humiliated President Jammeh in New York, forcing him to cut short his United Nations General Assembly visit.
Amadou Sanneh, a victim of the Jammeh regime’s physical and inhumane tortures, has scares all over his body. The opposition kingpin was accused of signing an attestation for one young Gambian so he would secure asylum abroad, which the state termed ‘seditious’.
The security apparatus are conniving in an attempt to salvage President Jammeh’s battered image. Jammeh should lay low and plan his exit. Playing theatrics will not work.
Amadou sanneh, a hard working professional accountant, was a former Accountant General of the Gambia. The man with a humble and quiet personality always prefers to keep low; he doesn’t even speak at political rallies.
Sanneh’s inside knowledge of the AFPRC/APRC regimes’ corrupt financial practices reportedly led to his tortures in 1996. He became a politician after his civil service career was unceremonious cut short.
Amadou Sanneh is a native of Central River Region (CRR) and contested elections in Fuladou constituency under the UDP ticket. The UDP leadership is believed to be monitoring the developments very closely, bearing in mind the tendency of President Jammeh to seek revenge on his critics and perceived enemies. And there is no bigger threat to the APRC than the UDP and the full might of the state propaganda machine are usually unleashed whenever a news materiel is dealing with the UDP.
Analysts pointed out the Gambia government‘s use of attestation letter as seditious exposes the Jammeh regime’s height of lawlessness and total dictatorship. Mr Sanneh has reportedly refuted the state’s allegations leveled against him.
SOURCE: Kibaaro news
2. PRESS RELEASE Mai Ahmad Fatty, GMC Leader
Maafanta.com: Published on Wednesday, October 02, 2013
PRESS RELEASE
Mai Ahmad Fatty, GMC Leader
With grave concern, we learnt of the arrest of Mr. Amadou Sanneh, former Accountant-General of The Gambia and member of the National Executive of the UDP. We believe that the underlying pretext for his reported arrest is grounded on malignant political calculations; making his case yet another senseless political persecution in our Land. Our concern is born out of the reckless scorn with which this regime handles due process rights, the rule of law, and it's notoriously settled track record in breaking the law with impunity. Again, we hold the regime including its contracted security elements (allegedly non-Gambians) fully responsible for the fate of Mr. Sanneh, all political detainees and prisoners. Impuity shall attract dire consequences. Make no mistake, we shall get you. We demand that their physical integrity be fully respected in total compliance with the provisions of the Constitution and the African Charter on Human and peoples' Rights. Again, those managing Mr. Sanneh's case are being put on strict notice that there shall be severe consequences if a single person under their custody, was treated contrary to law. Make no mistake. We guarantee on the alter of sanguine certainty, that no matter how long it takes, the citizens of the Republic shall hold you to proper account, severally and individually.
The entire country is under relentless life threatening repression. All Gambians are potential political refugees. All Gambians are potentially vulnerable to devastating psychological persecution daily, worst than physical repression. Any Gambian on the ground would be morally justified to present him or herself for political asylum on account of the endless, systematic political oppression and economic exploitation of the regime across the board. Mr. Malang Fatty (no biological family relation but a citizen entitled to equal protection) is caught up in the midst of the regime's despicable propaganda stunt in connection to this frivolous storm-in-a-tea cup hulabaloo. Like many young Gambians, Mr. Fatty lost all hopes for liberty, democracy and opportunity. It is a raging indictment against this tyrannical regime.
Dated the 2nd of October, 2013.
SOURCE: Maafanta |
Edited by - kobo on 05 Oct 2013 10:18:51 |
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kobo
United Kingdom
7765 Posts |
Posted - 05 Oct 2013 : 11:12:37
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1.GRTS YOUTUBE VIDEOS;
2. ASYLUM SCAM 4 CONFESS- Appeal for clemency
Daily Observer News: Posted on Friday, October 04, 2013
Four men currently under custody for their involvement in a political asylum scam Wednesday afternoon confessed to their crimes before journalists, using the opportunity to appeal for clemency from the president of the Republic.
Gambian intelligence operatives, it would be recalled, had on Tuesday uncovered a huge political asylum scam involving a senior executive member of the main opposition party - the United Democratic Party (UDP) and three others.
The UDP national treasurer, Amadou Sanneh; Malang Fatty, the alleged asylum seeker; Alhagie Sambou Fatty, (brother to Malang); and Bakary Baldeh, commissioner of Oaths, all confessed to the crime. The men described their actions as “regrettable”.
The commissioner of Oaths, Bakary Baldeh, who sworn in and affixed his stamp on the alleged attestation document, claimed that he had cautioned the Fatty brothers that whatever was written in the said document was all lies. But he said Fatty was ceaseless with his appeal, which he (Baldeh) eventually succumbed to.
“This is the first time I engaged in this. It is just because Fatty is a neighbour. I totally regret doing this because it was meant to destroy the image of the country,” he added.
Baldeh said he knew Sambou Fatty just casually and that prior to this scam, he never had any personal interaction with him. He then called on people, especially his colleagues to desist from such acts.
On his part, Alhagie Sambou Fatty said he got involved in the scam because his brother desperately wanted to travel. He also appealed for clemency.
“This is already spilled water and cannot be retrieved. All what we can do is to beg for forgiveness,” he said.
Amadou Sanneh, for his part, said he was arrested because he prepared an asylum document for Malang Fatty. Sanneh, who was in tears, also made an appeal to the authorities for clemency.
SOURCE: Daily Observer news and full report
3. Gambian Security Severely Tortures UDP Treasurer
Kibaaro online News: Posted on Saturday, October 05, 2013
A key member of the United Democratic Party (UDP) has been a victim of brutal and inhumane tortures, Kibaaro News can authoritatively confirm. Amadou Sanneh, the Treasure of the UDP, has been in detention for more than a week.
“Amadou Sanneh was severely tortured on Tuesday night until early hours of Wednesday,” our source said. “The torture was a ploy by the Gambia government to force Mr. Sanneh to make a confession and beg for clemency. He could not sustain the pressure and had to make confession.”
SOURCE: Kibaaro news for more full report
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Edited by - kobo on 05 Oct 2013 11:41:24 |
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Momodou
Denmark
11634 Posts |
Posted - 06 Oct 2013 : 23:22:17
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GRTS, FABAKARY CEESAY, THE NIA AND ASYLUM SEEKERS
Foroyaa Editorial: Published on Sunday, 06 October 2013
BEING A STATE MEDIA DOES NOT MAKE GRTS IMMUNE TO ACTIONS INTERFERING WITH THE COURSE OF JUSTICE
The October 1st 10pm news report of the GRTS drew many viewers to the front of their TV sets as the reporter spoke about a Press Conference with the NIA, which is also published by Daily Observer newspaper. He first went to the Observer Headquarters to focus attention on the case of Alhagie Jobe which is still in progress and made comments that indicated to every listener that the accused is guilty before the court comes up with its verdict. This is what is referred to as trial by press.
The reporter also made many comments regarding people who are spreading false information to tarnish the image of the country and even gave a mirror image of a letter on a UDP letterhead.
As far as we know, a case is being investigated and Amadou Sanneh, the Treasurer of the UDP is known to be helping the investigators. We are not aware of any charges preferred against him and it is rather premature for the GRTS to be drawing the conclusion it is drawing.
What puzzled Foroyaa most is mentioning the name of the paper in connection with allegations against Fabakary Ceesay. We want to make it categorically clear that Fabakary Ceesay has been a Human Rights reporter and has no access to Foroyaa letterhead to write any letter for anyone seeking Asylum. We have no knowledge that he has ever used the Foroyaa letterhead fictitiously to make false declarations for people seeking greener pastures.
In this regard GRTS should not mention Foroyaa in its broadcast of anything dealing with asylum seeking.What we know is that Fabakary’s family members and friends informed the Managing Editor that he has hurriedly left the country after he received strange telephone calls asking about his whereabouts. They were told that if it had anything to do with what he has published in Foroyaa. He needs not to worry since we will take full responsibility.
It is news to us that he is now being associated with asylum seekers. Foroyaa has no knowledge of any thing dealing with writing letters for asylum seekers and demands that the GRTS demonstrate professional responsibility by not linking Foroyaa to anything it has not published or which does not bear its official letterhead. Regarding asylum cases we would like to advise the government not to blow it out of proportion. There are many supporters of the Government who are abroad today through such asylum seeking endeavours.
The issue is not about tarnishing the image of a government. In many cases it is about finding greener pastures. Of course there are genuine cases like that of Ba Kawsu and Baba Leigh and so on who if they wanted could seek asylum abroad for having faced the wrath of the state. Others may feign prosecution to get opportunities. May be foreign governments should address the problem of those who want to go abroad for greener pastures by establishing some quota system for countries and select cases of people who are the most likely to benefit themselves and their countries if given residential visas which may even be limited in duration.
For the asylum seekers, it is important to note that many have had their applications rejected. There are many Gambians trapped in Senegal who are unable to proceed or return. Hence the Government should not be in a state of paranoia thinking that everything said about it is believed. Foreign governments do also conduct their own independent Investigations and issue their own Independent Reports of the situation in the Gambia. Hence the cases before the authorities should be treated on the basis of the due process of law and should not become propaganda tools in the hand of GRTS.
There is no doubt that people will continue to find legal and illegal means of reaching destination where they would be able to earn decent income to remove their families from poverty. The real task is to build a Gambia that Gambians will be proud to live in from the cradle to the grave. In the absence of that Government should be finding legal ways of helping the people to move about in search of greener pastures and stop making laws that could not be enforced such as the one aimed at putting an end to begging which has gone up to the court level and could not be enforced to have desired effect.
Suffice it to say, even though the issue of same sex relationships is not high in the agenda in the Gambia the fact that the Government is raising it at an International domain may lead to a new generation of asylum seekers who would abandon the political justification and move into the social domain. People should not be surprise if people start claiming to be gay just to seek asylum abroad.
The bottom line is to address the problem of poverty and enhance prosperity so that people live middle income lives.
Source: Foroyaa |
A clear conscience fears no accusation - proverb from Sierra Leone |
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Momodou
Denmark
11634 Posts |
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kobo
United Kingdom
7765 Posts |
Posted - 09 Oct 2013 : 23:11:00
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PRO-GOVERNMENT NEWSPAPER DAILY OBSERVER NEWS NOT RELENTING ON THE UDP ATTESTATION SCANDAL AND PUBLISHED TODAY Wednesday, October 09, 2013
More revelations on UDP asylum scam
Following the uncovering of a political asylum scam involving a senior executive member of the United Democratic Party (UDP), by Gambian intelligence operatives, more revelations continue to put the credibility of the party on the line........
This latest purported asylum attestation signed by Nyassi and bearing the stamp of the UDP party, copied to the Daily Observer Newspaper reads:....
SOURCE: Daily Observer News & Read full report |
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Momodou
Denmark
11634 Posts |
Posted - 11 Oct 2013 : 14:52:13
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UDP treasurer, others arraigned at High Court
By Malamin L.M. Conteh
The Point: Published on Friday, October 11, 2013
The treasurer of the main opposition United Democratic Party (UDP), Amadou Sanneh, and two others namely, Sambou Fatty, and Malang Fatty, were yesterday arraigned before Justice Emmanuel Nkea of the Special Criminal Court in Banjul.
When the case was called, the defence counsel, Neneh Cham and Ebrima Jah, who announced their representation for the 3rd accused person, Amadou Sanneh, said they wanted to move their bail application.
The 1st accused, Malang Fatty, and the 2nd accused, Sambou Fatty, said they needed time to look for a lawyer.
In response to the defence application to move their bail application, the Director of Public Prosecutions (DPP) said the accused persons should come formally since the state had brought charges against them.
Defence Counsel, Naneh Cham, rose again and said whether they should come formally or not that was at the discretion of the court, but they wanted to make their bail application.
Justice Nkea then stated that the 1st and 2nd accused persons would be remanded in Mile 2 prison until 21 October 2013, for plea taking.
He then ordered that the 3rd accused, Amadou Sanneh, to be taken to the Edward Francis Small Teaching Hospital for medical attention.
He also further stated that it would be better if the applicants come up with the amended affidavit.
The case was adjourned to 14 October 2013, for bail application and 21 October for plea taking.
It would be recalled that officers of the National Intelligence Agency recently arrested the three accused persons, Amadou Sanneh, Sambou Fatty and Malang Fatty, for allegedly making false attestation for Malang Fatty to seek political asylum in Finland.
Source: The Point |
A clear conscience fears no accusation - proverb from Sierra Leone |
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kobo
United Kingdom
7765 Posts |
Posted - 12 Oct 2013 : 03:22:45
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quote:
Originally posted by Momodou
He then ordered that the 3rd accused, Amadou Sanneh, to be taken to the Edward Francis Small Teaching Hospital for medical attention.
IT IS OBSERVED ABOVE THAT THE POINT NEWS REPORTED ""3RD ACCUSED AMADOU SANNEH TAKEN TO HOSPITAL BUT BOTH DAILY OBSERVER AND FOROYAA NEWS REPORTED "2ND ACCUSED SAMBOU FATTY2 AS NOTED BELOW;
1. UDP three asylum suspects arraigned
Three suspects in the UDP asylum scam Thursday appeared at the Special Criminal Court (SCC) presided over by Justice Emmanuel Nkea.
The three suspects Malang Fatty, Sambou Fatty and Amadou Sanneh, also made a bail application at their first appearance in court. The bail application was made by Neneh Cham and Ebrima Jah on behalf of the third accused Amadou Sanneh. However, the application could not be heard as expected by the defence counsel, thanks to the submission made by the director of Public Prosecution (DPP), SH Bakun, who announced his intention for a formal charge sheet to be read and for the accused persons to take their plea.
The DPP said he brought the charge sheet in court and was ready for it to be read to the accused persons. The defence counsel led by Neneh Cham objected to the plea taking, on grounds that she was just served with the indictment and besides, the defence came to the court purposely to move the application for bail, contrary to the plea taking as suggested by the DPP.
The DPP said he brought the charge sheet in court and was ready for it to be read to the accused persons. The defence counsel led by Neneh Cham objected to the plea taking, on grounds that she was just served with the indictment and besides, the defence came to the court purposely to move the application for bail, contrary to the plea taking as suggested by the DPP.
According to the defence counsel, they were prepared for the bail application, not the plea taking. As such, she suggested for an amendment of the bail application, hence the state is ready to press charges against the accused persons. The DPP told the defence to make their application formally, but the defence replied that making their application either formally or not depends on the discretion of the court.
The presiding judge made a ruling urging the defence to file in a formal application to that effect, before he adjourned the matter to next Monday for hearing of the said bail application. The judge also adjourned the plea taking to 21st October 2013. However, Justice Nkea urged two of the accused persons -Malang Fatty and Sambou Fatty - to secure the services of lawyer on or before the adjourned date for plea taking.
The judge further made an order for the second accused Sambou Fatty to be taken to the Hospital for medical treatment as he complained of ill health throughout the court proceedings, bending down on the edge of the dock from the start to the end.
SOURCE: Pro-Government Daily Observer News Author: Sanna Jawara
2. UDP Executive member,
Justice Emmanuel Nkea of the Special Criminal Division of the Banjul High Court yesterday, Thursday, 10 October remanded Mr. Amadou Sanneh, National Treasurer of the United Democratic Party (UDP) and two others who were accused of tarnishing the image of the country by allegedly making false attestation for asylum seekers abroad. When the case was mentioned, the state was represented by Mr. Barkum, Director of Public Prosecution (DPP)
while lawyers Neneh Cham and Ebrima Jah announced their appearance for the third accused, Amadou Sanneh, but the two other co-accused persons were not represented. In the meantime, the three accused persons Mr. Malang Fatty (first accused), Mr. Sambou Fatty (second accused) and Mr. Amadou Sanneh (third accused) were arraigned before the court but could not take their plea because the first and second accused persons were not represented by any counsel.
However, lawyer Neneh Cham, the defense counsel for the third accused (Amadou Sanneh) made an application for bail pending the charges preferred against her client. At this stage, the DPP came with the charge sheet and served it to the court. He argued that the defense should make a formal bail application, but was countered by the defense counsel Cham who said it is the discretion of the court to decide on bail application and not the prosecution.
In the meantime, it was observed that the second accused person, Sambou Fatty, could not walk properly which has prompted the trial judge to ask whether he was sick. He answered in the affirmative. He ordered for him to be taken to the Edward Francis Small Teaching Hospital for treatment. It was also observed that the other two accused persons, Malang Fatty and Amadou Sanneh, were also walking very slowly when entering the dock.
In his ruling, the trial judge said it would be better for the defense to amend the bail application and push the hearing of bail application to Monday, 14th October. He ordered for the accused persons to be taken to custody at the remand wing of the state central prison at Mile II.
The courtroom, however, was full to capacity with families, friends and sympathizers of the accused persons. The case is adjourned to Tuesday, 22 October, for the accused persons to take their plea.
SOURCE: Foroyaa Burning Issues News Written by: Lamin Sanyang |
Edited by - kobo on 12 Oct 2013 21:00:07 |
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Momodou
Denmark
11634 Posts |
Posted - 22 Oct 2013 : 21:51:29
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UDP executive and Co charged take their pleas
By Lamin Sanyang
Foroyaa: Published on Tuesday, 22 October 2013
The National Treasurer of the United Democratic Party (UDP), Mr. Amadou Sanneh and two other accused persons were yesterday, 21st October, charged with four counts of conspiracy, sedition, possession of seditious publication and false swearing for tarnishing the image of the country by making false attestation for asylum seekers abroad before Justice Emmanuel Nkea of the Special Criminal Division of the Banjul High Court.
Read Full Story |
A clear conscience fears no accusation - proverb from Sierra Leone |
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Momodou
Denmark
11634 Posts |
Posted - 24 Oct 2013 : 10:26:14
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Justice Nkea threatens to remand NIA officers in UDP Treasurer and Co trial
By Lamin Sanyang
Published on Wednesday, 23 October 2013
Justice Emmanuel Nkea of the Special Criminal Division of the Banjul High Court yesterday, 22 October, threatened to remand officials of the National Intelligence Agency (NIA) for failing to comply with the order of the court to remove the accused persons from their premises in the case involving the state versus Mr. Amadou Sanneh, National Treasurer of the opposition United Democratic Party (UDP) and two others. When the case was announced, the trial judge said the ruling on the bail application of Mr. Amadou Sanneh (3rd accused) was not ready because he has just returned from a meeting which, he added, was responsible for the delay. The defence team headed by lawyer Rachel Mendy drew the attention of the court to the fact that its orders for the accused to be removed from the premises of the National Intelligence Agency (NIA) were not complied with for the third time. She submitted that the court has remanded the third accused (Amadou Sanneh) since on 10th October 2013 but that he is still detained as an act of non-compliance by the state to the orders of the court. “We are denied access of seeing our client since his arrest till now. He is just coming from the NIA headquarters. The apology of the Director of Public Prosecution (DPP) and his intervention yesterday that the accused was only taken to collect his belongings and taken to the Mile II prison was not done. Nothing has been done, it is a disregard of the law on the part of the state for failing to comply with the orders of the court,” submitted lawyer Mendy.........
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A clear conscience fears no accusation - proverb from Sierra Leone |
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Momodou
Denmark
11634 Posts |
Posted - 24 Oct 2013 : 12:48:23
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UDP treasurer Amadou Sanneh denied bail
By Malamin L.M Conteh
The Point: Thursday, October 24, 2013
The national treasurer of the United Democratic Party (UDP), Amadou Sanneh, was yesterday refused bail by the Special Criminal Court in Banjul presided over by Justice Emmanuel Nkea.
“I will accordingly refuse to grant bail, but in doing so, I shall order for an expedited hearing of the substantive suit on a day-to-day basis if it is convenient to both sides, and until this matter is fully determined,” Justice Nkea declared in a ruling delivered before a packed court room.
Let the applicant be made to see the doctor to determine his medical condition, the judge said.....
Read Full Story |
A clear conscience fears no accusation - proverb from Sierra Leone |
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Momodou
Denmark
11634 Posts |
Posted - 21 Nov 2013 : 21:53:32
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UDP national treasurer files new bail application
The Point: Published on Thursday, November 21, 2013
 The national treasurer of the main opposition party, UDP, Amadou Sanneh, yesterday through his counsel filed a new bail application, at the Special Criminal Court in Banjul before Justice Emmanuel Nkea.
Amadou Sanneh was arraigned alongside Malang Fatty and Sambou Fatty, charged with conspiracy to commit an act with seditious intention, sedition, possession of seditious publication and false swearing.
Moving the bail application, defence counsel R.Y. Mendy submitted that she was applying for the court to admit her client to bail on such terms and conditions, as there was no affidavit in opposition filed by the state.
At that juncture, the state counsel, Maurice Agiah, stood up and informed the court that they had filed an affidavit in opposition.
She continued her submission and stated that their motion was supported by a 17-paragraph affidavit dated 7 November 2013, and they are relying on all the paragraphs.
Counsel Mendy stated that granting of bail was at the discretion of the court, adding that the court would take specific notice of the fact that the 3rd accused had a specific health condition which was contained in paragraph 9, 10 and 11 of the affidavit.
She argued that the defence had exhibited a medical report on diabetes and spinal cord, submitting that the conditions at Mile 2 are not conducive for the 3rd accused person, the applicant.
The bedding provided at Mile 2 was not conducive for the 3rd accused and applicant, and also caused deterioration in his health condition, she said.
“I had a look at the affidavit in opposition. It is apparent that the same facts deposed to are not challenged. The respondent admitted the poor bedding condition and they also admitted the poor ventilation and congestion at Mile 2, and also admitted the deteriorating health condition of the applicant at Mile 2,” counsel Mendy submitted.
“They did not also deny that the applicant is diabetic and has a spinal cord problem, and it is also clear that there is no specialized medical doctor at Mile 2,” she added.
The applicant made it clear that there was only one specialized doctor in diabetes in this jurisdiction, she said, stating that the respondent had stated that the applicant had apparently seen his doctor, but failed to provide the record of that visit and receipt.
The applicant had exhibited his business registration certificate to show that he was the sole proprietor of A A and Co, and this fact was not denied, that the business was in the total control of the applicant, she submitted.
She said his absence would not be good for the business, and the respondent had stated that the offence with which he was charged with are bailable, and the punishment was minimal.
She further submitted that the prosecution had closed it’s case and the investigation, adding that there was nothing before the court that if the accused was granted bail, there was likelihood that he would commit another offence or would jump bail or interfere with the witnesses.
There was nothing before the court that warrants the court to refuse bail and she urged the court to act judicially andjudiciously, and grant the applicant bail and that they would satisfy all terms and conditions, she said.
In response, state counsel Maurice Agiah submitted that it was in the court’s record that the applicant was brought before the court, seeking bail and it was refused.
He added that the motion brought before the court was not asking for the review, but was a fresh bail application.
They should go to the upper court since this court had earlier refused him bail, and he urged the court to dismiss the application.
He submitted that they had filed a five-paragraph affidavit in opposition and they are relying on all, as well as the exhibits attached to the motion in support.
He submitted that though the offence was a misdemeanor, its impact was grievous.
The case continues today for ruling on the bail application.
Source: The point
Decision on UDP Treasurer’s bail application today As defense prepares to file ‘No Case’ submission
By Lamin Sanyang
Foroyaa: Published on Thursday, 21 November 2013
Justice Emmanuel Nkea of the Special Criminal Court of the Banjul High Court would today, Thursday 21 November, deliver ruling for the third time on the bail application of Mr. Amadou Sanneh, National Treasurer of the opposition United Democratic Party [UDP] after a lengthy argument between the defense and the state yesterday evening. When the case was mentioned the state was represented by Maurice Agiah while lawyers Rachel Mendy and Ebrima Jah announced their appearance for Mr. Amadou Sanneh [applicant] National Treasurer of the opposition United Democratic Party [UDP]. In her submission, lawyer Rachel Mendy made an application in submitting a bail application for [Amadou Sanneh] for the third time. She said they have filed the summons for the applicant [Amadou Sanneh] to be admitted to bail under such terms and conditions. She noted that the said summons was filed on 11th November 2013. She submitted that there was no affidavit in opposition filed by the state.
At this juncture, the state prosecutor rose to inform the court that they have filed an affidavit yesterday but it was not served. The trial judge requested for the said affidavit, after he went through it and said it was only filed two hours ago. However, the defense team said its intention was to proceed with the bail application and later make a ‘No Case’ submission.
The state prosecutor argued that he cannot hear the application for ‘no case’ because it was not filed. He said he would need for an adjournment to prepare for a reply. In the meantime, defense counsel Mendy said the motion for bail is supported by 17 paragraph affidavit. She said they are relying on all the paragraphs.
She urged the court to take into consideration the specific health condition of the [applicant]. She said they have exhibited the medical reports on both his diabetics and spinal conditions. “The conditions at the Mile II Central Prison are not conducive for his [Amadou Sanneh’s] health condition.
The accused has a spinal problem while the prison beds caused backache. The congestion of the cell is causing deterioration to his health especially for breath taking,” said lawyer Rachel Mendy. Lawyer Mendy said she has looked at the affidavit in opposition which she said has not challenged the facts on the health condition of the applicant. She argued that the respondent has admitted the poor beddings, congestion and ventilation of the prison which she said are deterioration to the health of the 3rd accused.
She further argued that the respondent has admitted that the applicant is diabetic and has spinal problem. Defense counsel Mendy elaborated on the statement of the applicant that there are no specialized medical expert to handle his health at the Mile II Central Prison.
She further stated that there is only one doctor who handles all the patients. “There are no specialised medical practitioners at Mile II Central Prison,” she submitted.
In the meantime, lawyer Mendy has refuted the statement made by the state of proper medical facilities at Mile II. She submitted that the respondent has failed to specify what kind of medical services are rendered at the prison. She argeud that the statement was vague.
The defense further argued that the respondent has failed to produce extracts of the treatment records received by the applicant in prison. She argued that the applicant has shown his business registration AA & Co. She said he has also explained the nature of his business which she said was not denied by the respondent.
She argued that the respondent has not denied that the absence of the applicant would affect his business. “The respondent has not given any reason in his affidavit in opposition why bail should be refused.
I therefore, urged this honourable court to exercise its discretion judicially or judiciously to grant bail to the applicant,” she submitted.
However, the state prosecutor in his argument said the application before the court has been refused twice. He argued that the court is sitting at its original jurisdiction while the application is asking for a fresh bail. He argued that the defense should move up with the application to the court of appeal after the bail was refused by the same court twice. He urged the court to dismiss the application.
The state prosecutor told the court that they have filed a 5 paragraph affidavit in opposition to the bail application. He said they are relying on all paragraphs of the affidavit. He said so long as the medical facilities at the central prison are intact the issue of bail should not be granted. He argued that an affidavit that is self contradicting cannot be relied on.
State counsel Agiah further argued that the paragraph dealing with subsisting contracts of the applicant which he said no time frame was specified. He submitted that the offenses may be light but its such that it can jeopardise the sovereignty of the country.
There was an objection from the defense saying that the state counsel was talking about things that were not in his affidavit. “We are urging the court to refuse this application,” said Maurice Agiah, the state prosecutor.
Meanwhile, defense counsel Mendy, arguing on points of law said it’s the law that states that a bail application can be brought on many times before one judge or other courts. She argued that the applicant was only applying because the application was pending before the court.
She further argued that the medical issue raised by the respondent on the medical reports of the applicant was misleading the court.
“The law is that the accused is innocent until proven guilty, so the issue of the enormity of the offense should not affect the grant of bail,” submitted Lawyer Mendy. Subsequently, the case was adjourned till today, Thursday 21 November 2013, for ruling on the bail application.
Source: Foroyaa |
A clear conscience fears no accusation - proverb from Sierra Leone |
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Momodou
Denmark
11634 Posts |
Posted - 22 Nov 2013 : 12:35:23
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I purely political motivated trial.
UDP treasurer denied bail for third time
By Malamin L.M. Conteh
The Point: Friday, November 22, 2013
The National Treasurer of the opposition United Democratic Party (UDP), Amadou Sanneh, was yesterday denied bail for the third time by the Special Criminal Court in Banjul.
Amadou Sanneh was arraigned alongside Malang Fatty and Sambou Fatty and charged with conspiracy to commit an act with seditious intention, sedition, possession of seditious publication and false swearing.
Delivering the ruling, Justice Nkea stated that by summons taken out on 7 November, 2013, R.Y Mendy, counsel, was urging upon the court to admit the 3rd accused herein to bail pending the hearing and determination of the charges now pending against him before the court.
“The case for the grant of bail according to the affidavit of the 3rd accused is that, his poor health condition and practice as a chartered accountant is being adversely affected by his continuous remand in custody. There was a late affidavit in opposition filed by the prosecution,” he said.
It was their averment that the offences under charge are such as to negatively affect the economic and diplomatic relationship of The Gambia with other sovereign states, he added.
“Both sides addressed me at length, and the defence made extensive reference to the guiding principles on the grant of bail. But the bottom line is that, those guiding principles only help a court to exercise its discretion judiciously. So the issue of bail is a matter that falls within the discretion of the court,” said Justice Nkea.
“Having already exercised my discretion against the grant of bail twice on this matter, and for the reasons that are contained in my rulings, dated 23 October, 2013, and 7 November, 2013, I find that there has been no substantial change in the circumstance of this case to warrant a change of position, and it would be unwise for me to do so now,” the judge stated.
“In view of the foregoing, I am hesitant to exercise my discretion in favour of the grant of bail. I will accordingly refuse to grant the prayers sought, and order for an expedited hearing of the substantive suit. And this could be on a day-to-day basis if convenient to both sides,” declared the judge.
Whenever the 3rd accused was sick, he should be made to see a doctor, he indicated.
The case was then adjourned to 25 November 2013.
The state in count one accused Malang Fatty, Sambou Fatty and Amadou Sanneh (National Treasurer of United Democratic Party), sometime in September 2013, at Banjul and in diverse places in The Gambia, within the jurisdiction of the court, conspired amongst themselves to commit an act with seditious intention and thereby committed an offence.
Count two stated that Malang Fatty, Sambou Fatty and Amadou Sanneh (National Treasurer of United Democratic Party) sometime in September 2013, at Banjul and within the jurisdiction of the court, with the intent to bring hatred or contempt or excite disaffection against the person of the President of The Republic of The Gambia or the Government of The Gambia, printed malicious document titled “ATTESTATION” on a letter headed paper of the United Democratic Party (UDP) and thereby committed an offence.
Count three indicated that Malang Fatty sometime in September 2013, at Banjul and elsewhere in The Gambia and within the jurisdiction of the court, had in his possession a seditious document titled ‘ATTESTATION’ and thereby committed an offence.
The state in count four further accused Amadou Sanneh (National Treasurer of United Democratic Party) that sometime in September 2013, at Banjul and within the jurisdiction of the court, falsely made a declaration before one Bakary Baldeh, a Commissioner of Oaths with knowledge that the said declaration was false and thereby committed an offence.
Source: The Point |
A clear conscience fears no accusation - proverb from Sierra Leone |
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Momodou
Denmark
11634 Posts |
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Momodou
Denmark
11634 Posts |
Posted - 26 Nov 2013 : 11:47:52
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UDP national treasurer files no-case submission
By Malamin L.M. Conteh
The Point: Tuesday, November 26, 2013
The national treasurer of the opposition United Democratic Party (UDP), Amadou Sanneh, through his counsel yesterday filed a no-case-to-answer submission at the Special Criminal Court in Banjul before Justice Emmanuel Nkea.
Amadou Sanneh was arraigned alongside Malang Fatty and Sambou Fatty and charged with conspiracy to commit an act with seditious intention, sedition, possession of seditious publication and false swearing.
In her submission, defence counsel R.Y. Mendy stated that a no-case submission could be properly upheld on the following grounds: that there was no evidence to prove the essential element of the offence; and when the evidence adduced by the prosecution was so discredited, as a result of the cross-examination or so manifestly unreliable that no reasonable court could convict on it.
She submitted that the 3rd accused had been charged with three counts, and the prosecution had called two witnesses in trying to prove the case against the accused person.
The essential ingredient of the false swearing charge had not been proven, counsel said, adding that PW1 said nothing about the 3rd accused concerning the false swearing.
She further submitted that PW1 and the 3rd accused person did not at anytime bring false attestation or make a false declaration before him, but instead PW1 said the false document was brought by Sambou Fatty.
Counsel argued that there was no evidence before the court from any prosecution witnesses that the 3rd accused made a false declaration.
“I therefore say the essential ingredient was not proven and, therefore, that count had failed,” she added, stating that there was no malicious document allegedly printed by the 3rd accused tendered by the prosecution witnesses against the 3rd accused.
Neither any of the witnesses gave evidence that the 3rd accused printed a malicious document that intended to bring malicious hatred against the government of The Gambia, counsel further submitted.
“There is no such malicious document before the court, which can assist the court to come to a conclusion that the 3rd accused intended to insert hatred, violence or malicice to overthrow the government of The Gambia or to disturb the peace,” said counsel Mendy.
Counsel Mendy added that there was nothing in the evidence of Kebba Secka, neither PW1, to establish the ingredient of the offence of sedition to the effect that the 3rd accused wanted to bring hatred or disaffection to the government of The Gambia; therefore, that count also failed.
She further submitted that there must be an agreement between the accused persons to carry out a seditious act; that these are the ingredients of the charge of conspiracy.
She submitted that the particulars of the offence in the charge of conspiracy were not supported by the evidence of the prosecution witnesses.
She also stated that a certain essential element, which the 3rd accused stands charged with, had not been proven and, therefore, the prosecution had failed to prove it against the 3rd accused person, and urged the court to rule in favour of the 3rd accused and acquit and discharge him.
In response, the Director of Public Prosecutions (DPP) stated that the fact that the two accused persons had been convicted, but not sentenced should not make this a separate trial, and the two could not be served as witnesses in the case since they were not sentenced.
He added that the 3rd accused was facing a four counts charge, and two witnesses were called by the prosecution and several exhibits were tendered.
Exhibit A was the attestation while Exhibit E was the cautionary statement of the 3rd accused.
The DPP argued that exhibit A was connected to exhibit E, no matter how minimal a piece of evidence it was, and that the court could not uphold the no-case-to-answer submission, since exhibit A and E had passed the required minimum of proof in this case.
“All what is expected is to prove the prima facie in the case, that is, the minimum standard of proof required,” he submitted, adding that exhibit A and E called for further explanation.
Exhibit A and E are conclusive and make a prima facie case against the 3rd accused, the state prosecutor went on, and urged the court to discountenance the defence application, as the prosecution had made a prima facie case against the 3rd accused, above the minimum standard, he further stated.
The case continues today for ruling on the no-case submission.
Source: The Point |
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